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BOA Meeting, May 13, 2010 2 <br />Minutes of the Lexington Zoning Board of Appeals <br />Selectmen’s Meeting Room, Lexington Town Hall <br />May 13, 2010 <br /> <br />Board Members Present: Chairman John J, McWeeney, Martha C. Wood and Associate <br />Members Marilyn K. Kolb, Leo P. McSweeney and David G. Williams <br /> <br />Staff Present: Dianne L. Cornaro, Administrative Clerk, David L. George, Zoning <br />Administrator and Garry Rhodes, Building Commissioner <br /> <br />Petition Address: 14 Cutler Farm Road, Map 25, Lot 4 <br /> <br />This hearing had been continued from the April 22, 2010 hearing. <br /> <br />Attorney Patricia Nelson presented the petition for the owner of the property, Robert Tingley. <br /> <br />The applicant is requesting a variance from section 135-30 of the Code of Lexington to allow a <br />3 story structure instead of the 2 ½ stories maximum. <br /> <br />Attorney Nelson spoke of the financial hardship the applicant is experiencing because of not <br />being able to receive the Occupancy permit for this home. She outlined the grounds for the <br />variance. <br /> <br />The Board asked to hear from the Building Commissioner Garry Rhodes. <br /> <br />Mr. Rhodes explained the process for determining the natural grade the way it is explained in <br />the Lexington By Laws. He also explained the information he received from the developer and <br />the after built requirements. <br /> <br />Board members confirmed with the Commissioner that the foundation was correct at the <br />beginning but when the structure was finished it was wrong. They also asked what was the <br />distance raised and what the actual distance was between the slab to the first floor. <br /> <br />A Board member asked the Commissioner to explain the definition of a story. <br /> <br />There were no questions from the audience. <br /> <br />Joe Adler of 22 Village Circle asked the Board if the Bylaws made any consideration for <br />economical reasons. <br /> <br />Thomas Taranto spoke in favor of the petition. <br /> <br />No one spoke in opposition <br /> <br />The hearing was closed at 7:53 pm. <br /> <br />On a motion by Martha C. Wood and seconded by Leo P. McSweeney, the Board voted, 5 to 0, <br />to approve the variance in accordance with section 135-30 to allow a 3 story structure instead <br />of the 2 ½ story maximum. <br />Submitted by: Dianne Cornaro, Administrative Clerk <br /> <br />